Page:United States Statutes at Large Volume 17.djvu/74

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34 FORTY-—SECOND CONGRESS. Sess. H. Ch. 28. 1872. location, to the bottom chord of the bridge, nor shall the spans of said PMB; bridge be less than three hundred and fifty feet 1D length, and the piers of main span. said bridge shall be parallel with the current of the river, and the main span shall be over the main channel of the river and not. less than Pivot dmv- hundred feet in length: Andpmvafded also, That 1f a bridge shall be built l>¤’idg¤i under this act asa drawbridge, the same shall be constructed as a pivot drawbridge, with a draw over the main channel of the river- at an accesspans; sible and navigable point, and with spans of not less than one hundred and sixty feet in lengthin the clear on each side of the central or pivot pier of the draw, and the next adjoining spans to the draw sha.ll not be less than two hundred and fifty feet; and said spans shall not be less than thirty feet above low-water- mark, and not less than ten feet above extreme h.igh·· water mark, measuring to the bottom chord of the bridge, and the piers of said bridge shall be parallel with the current of the river: And provided M, be mud also, That said draw shall be opened promptly, upon reasonable signal, for P"°mP*lY¤ ¤· the passage of boats whose construction shall not be such as to admit of °°P°’ &°" their passage under the permanent spans of said bridge, except when trains are passing over the same, but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains : And provided P°*m°¤°¤* further, That the corporation building said bridge may, if not unauthorglsfsigigmpi ized by. the provisions of its charter of incorporation, enter upon the tained. banks of said river, either above or below the point of the {location of said ' bridge, for a. distance of seven miles, and erect and maintain break-waters or use such other means as may be necessary to make a channel for said river, and confine the flow of the water to a permanent channel, and to do Naigigutiou not whatever may be necessary to accomplish said object, but shall not imlf b° ‘"“P°d°d‘ pede or obstruct the navigation of the said river; and all plans for such I£:f1‘“b*; tl}??' works or erections upon the banks of the river shall first be submitted to Secretaryofwar. the Secretary of War for his approval. Bxidgc to be , Sec. 3. That any bridge built under this act, and according to its limilawful structure tations, shall be a lawful structure, and shall be recognized and known as a “"g,}’&‘f;';f““· post-route, upon which, also, no higher charge shall be made for the transmission over the same of the mails, the troops. and the munitions of war of the United States than the rate per mile paid for their transportation over the railroads or public highways leading to the said bridge. Litigation, if Sec. 4. That in case of any litigation arising from any obstruction, or

sgbggggu alleged obstruction, to the free navigation of the Missouri river, at or near

,0 ,,,,,,g,,m,,,, to the crossing of said bridge, and caused or alleged to be caused thereby, be had in what the cause shall be commenced and tried in the distr·ict courts of either °°“""°* judicial districts of Missouri or Kansas in which the said bridge or any This act may portion of such obstruction touches; and the right to alter or amend this ba ““°"d» &°· act so as to prevent or remove all material obstructions to the navigation of said river by the construction ofsaid bridge is hereby expressly reserved, and all such alterations, when required by law, shall be made at lglan of bridge the expense of said bridge company; and the plan on which such bridge is if ;°;rl;Q;‘;°°f intended to be built and shall be built shall be iirst submitted to and apviu. proved by the Secretary of War. saint Joseph Sec. 5. That the Saint Joseph Bridge Building Company, after the

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gm% passage of this act, shall not have the right to assign the charter which

,,,,,,;g,,i¤, ,;,,*,,1 said company now holds by assignment from the Saint Joseph and Denver 1870, ch. 260. City Railroad Company, and which was granted to said last-named com- V°l· ’“’*· P· 27** pany by virtue of an act of Congress, approved July fourteenth, eighteen hundred and seventy, to any other company, person, or persons; nor shall said bridge building company be permitted, under the said charter so obggned as aforesaid, from the Saint Joseph and Denver City Railroad nor construct m an to construct an ‘ ‘ - myoum bridge' Stmcged lgt Saint Joseph, IyipSt(lr`pIrLbr1dge than the one now being con A1-rnovnn, March 5, 1872.